This is a presentation I delivered to the 10th National Playwork Conference in March 2012.

1. Every Child Doesn't Have Rights & Other
Children's Rights Issues
David Stonehouse
Senior Lecturer
Tel: 01695 657003
E-mail: stonehod@edgehill.ac.uk
the University of choice

2. What Rights Do You
Have?
 List the rights you have as an adult.
 Prioritise the rights you have listed
 Would other people identify & prioritise their
rights differently
 Do children have the same rights as you?
 Do we, as a nation, promote the rights of
children?
 Do children have a high profile within our
society?
the University of choice

3. Not All Rights Are Of The
Same Order
 Natural – Right to life
 Universal – UN Declaration on Human
Rights
 Time & Place – Due to living in a certain
country
 Welfare Rights – Legal benefits &
entitlements
 Political & Religious
the University of choice

4. National Children’s Bureau
(1992)
3 Main Approaches to Children’s Rights
 Protectionist – sees the role of adults as
guardians & defenders of children.
 Liberationist – claim that children are an
oppressed minority group
 Pragmatism – tries to strike a balance
between the two.
the University of choice

5. What View Does The
Government Take?
National Committee of Inquiry into Prevention of
Child Abuse 1994-96 “Childhood Matters.”
identified that
 Universal provisions are failing to protect
children.
 Systems in themselves abusive to children
 High prevalence of poverty & deprivation.
 High tolerance of abuse in our society & this
helps to facilitate conditions which lead to abuse.
the University of choice

6. CHILDREN ACT 1989
the University of choice

7. Children Act 1989
 Strongly influenced by the outcome of
the Cleveland Inquiry.
 Replaced a mass of complicated and
inconsistent legislation.
 Regarded as a major piece of reforming
legislation for children and young
people.
the University of choice

8. Public and Private Law
 Private Law. Covers private disputes
about children e.g;- living arrangements
following divorce, paternity issues and
child maintenance.
 Public Law. Covers intervention by
local authorities e.g.;- compulsory
intervention by social services and
voluntary provision of services and the
regulation of substitute care (fostering
and child minding etc.)
the University of choice

9. Main Principles of the
Children Act 1989.
 The welfare of the child is paramount.
 Parental Responsibility-
physical,emotional and moral welfare.
 Partnership- working together.
 Participation- take into consideration
children’s wishes and feelings.
 Protection- from serious harm, s.47.
 Provision- of services, s.17.
the University of choice

10. Welfare Principle.
 Child’s welfare is paramount.
 Courts should pay regard to:-
-Wishes and feelings of the child.
-Physical, educational and emotional
needs.
-Likely effect of any change in
circumstances.
-Age, sex, cultural and linguistic
background.
the University of choice

11. Welfare Principle
- Harm suffered, or at risk of suffering.
- Capability of parents and any other
person in meeting the child’s needs.
 A range of powers are available to the
court.
The court should only make an order if it
is in the child’s best interests.
the University of choice

12. Who has Parental Responsibility?
 Child’s mother
 Where a child’s natural mother and natural father were
married to each other at the time of his/her birth.
 A father not married to the mother does not have PR. He
can acquire it
- births registered after 1st December 2003 if fathers name
appears on birth certificate as the father
- re-register the birth to include fathers name as the father.
- marry the mother of the child.
■ Adoptive parents, from the date of adoption. Parents
cease to have responsibility
■ Those with a residence order. Parents retain responsibility
■ A Local Authority. Parents do not lose responsibility
■ Guardian – parents can appoint before death, or court
after.
the University of choice

13. Partnership
 Families matter
 Wide definition of family, the Act
recognises the part played by significant
others e.g. extended families, foster
families.
 Rights that parents have flow from their
duties toward their children.
the University of choice

14. Successful Features of
Partnership.
 Recognise unequal power between
professionals and families.
 Shared commitment to negotiation on
how to safeguard children’s welfare.
 Mutual respect for viewpoints.
 Recognise and address parents needs.
 Good communication skills and
establishment of trust.
the University of choice

15. Protecting children.
 Children have a right not to be
mistreated and adults are in a position
to act as advocates to prevent
mistreatment continuing.
 Abuse of any sort can cause long-term
effects both for the child and others.
 Tackling abuse could be one of the most
productive things we do to protect future
generations from abuse.
the University of choice

16. S.47 Children Act 1989
 Where a child is suspected to be suffering, or is
likely to suffer significant harm Section 47
enquiries are undertaken.
 All reasonable attempts must be made to gain
the co-operation of parents.
 Without co-operation there are a variety of
legal powers available to protect children
e.g.EPO
 The authority must make such enquiries as are
necessary to decide on required action,
advocates multi-agency consultation.
the University of choice

17. S. 17 Children Act 1989
 Duty to safeguard and promote the
welfare of children in need which
includes providing support and services
for their families.
 The effectiveness with which a child’s
needs are assessed will be key to the
effectiveness of subsequent actions and
services, and ultimately to the outcomes
for the child.
the University of choice

18. CHILDREN ACT 2004
the University of choice

19. Driving Force For
Children Act 2004
 2003 Green Paper Every Child Matters
recognised the need for the government
to bring about radical changes in the
whole system of children’s services.
 Every Child Matters sets out an agenda
for change to be led by Local Authorities
and now The Children Act 2004
strengthens this through statute law.
the University of choice

20. Children Act 2004
 Provides a legislative framework for
improving children’s lives
 Covers universal services which children
access.
 Encourage integrated planning,
commissioning & delivery of services for
children.
 Gives Local Authorities the lead role to
bring together local partners
the University of choice

21. Five Key Outcomes
Recognised
 Be healthy
 Stay Safe
 Enjoy & Achieve
 Make a Positive Contribution
 Achieve Economic well-Being
The Children Act 2004 Gives Legal Force
To These Outcomes
the University of choice

22. The UK Children’s Commissioners
■ Maggie Atkinson – England
■ Tam Baillie – Scotland
■ Patricia Lewsley-Mooney – Northern
Ireland
■ Keith Towler – Wales
Champion Children’s Needs
9th June 2008 Presented paper “UK
Children’s Commissioners’ Report to the
UN Committee on the Rights of the
Child.”
the University of choice

23. UK Children’s Commissioners’ Report to the UN
Committee on the Rights of the Child. 9th June 2008
■ 12.4 million Children 0-19 yrs in England
■ 3.1 million children living in poverty.
■ 1 million children living in poor housing.
■ Child mental health has deteriorated over the last
30 years.
■ Obesity in children has risen by almost 50% in
the last ten years.
■ High numbers of children are locked up,
compared to other EU countries.
■ Children feel increasingly pressurised by school,
exams & commercial marketing.
(Aynsley-Green, 2008)
the University of choice

24. U.N. CONVENTION ON
THE RIGHTS OF THE
CHILD 1989
the University of choice

25. UNICEF
United Nations Children's Fund
United Nations International Children's
Emergency Fund
UNICEF’s mission is to advocate for the
protection of children’s rights, to help
meet their basic needs and to expand
their opportunities to reach their full
potential.
the University of choice

26. U.N. Convention on the Rights
of the Child 1989
Reports of grave injustices suffered by
children: high infant mortality, deficient
health care, limited opportunities for basic
education. There was also alarming
accounts of children being abused &
exploited as prostitutes or in harmful jobs,
of children in prison or in other difficult
circumstances, and of children as
refugees and victims of armed conflict.
the University of choice

27. U.N. Convention on the
Rights of the Child 1989
■ Ten Years in Consultation with a wide range
of experts.
■ Adopted and opened for signatures,
ratification and accession by the General
Assembly of the United Nations on the 20th
November 1989.
■ Came into force on the 2nd September 1990
after the minimum number of 20 countries
had signed and ratified the convention.
the University of choice

28. U.N. Convention on the
Rights of the Child
 UK ratified the convention on the
16th December 1991.
 Ratified by every country in the
world except two.
 Countries are held accountable to
the international community
 Non negotiable standards &
obligations
the University of choice

29. U.N. Convention on the
Rights of the Child 1989
■ Each country is required to submit reports
to the “Committee on the Rights of the
Child.” Independent body of experts.
■ 2 years after initial ratification and then
every 5 years thereafter.
■ Stating how the articles and standards of
the convention are being implemented
and reporting on the status of children’s
rights.
the University of choice

30. Four Core Principles of the
Convention
1. Non-discrimination
2. Devotion to the best interests of the
child
3. The right to life, survival and
development
4. Respect for the views of the child
the University of choice

31. Children’s Rights Are Set
Out In 54 Articles
4 Categories of rights
2.Guiding Principles
3.Survival & Development Rights
4.Protection Rights
5.Participation Rights
the University of choice

32. Article 31
1. States Parties recognize the right of the child to
rest and leisure, to engage in play and
recreational activities appropriate to the age of
the child and to participate freely in cultural life
and the arts.
2. States Parties shall respect and promote the
right of the child to participate fully in cultural and
artistic life and shall encourage the provision of
appropriate and equal opportunities for cultural,
artistic, recreational and leisure activity.
the University of choice

33. Article 31
Plowden (2010:6) states that having Article 31
“makes a clear statement that play is a right in
children’s lives that is equal to any other.”
As Playworkers we must
Be advocates
Be Champions
Be Inclusive
the University of choice

34. Article 12
1. States Parties shall assure to the child who is
capable of forming his or her own views the right
to express those views freely in all matters
affecting the child, the views of the child being
given due weight in accordance with the age and
maturity of the child.
the University of choice

35. Article 12
As playworkers we need to ensure that children
and young people are consulted in all aspects of
our play provision (Davy & Gallagher, 2006).
We need to make them active members in decision
making (Cole-Hamilton, 2008).
As Playworkers we must
make sure that it is not lip service only
and recognise and remove barriers
the University of choice

36. Article 13
1. States Parties shall have the right to freedom of
expression; this right shall include freedom to
seek, receive and impart information and ideas
of all kinds, regardless of frontiers, either orally,
in writing or in print, in the form of art, or through
any other media of the child’s choice.
the University of choice

37. Article 13
As Playworkers we must
Allow children freedom to express themselves
Also provide information in a range of media
However, we must also be aware that freedom
of expression of one child must not violate the
rights of another, where for example
discriminatory views are being voiced.
(Cole-Hamilton, 2008)
the University of choice

38. Article 23
1. States Parties recognise that a mentally or
physically disabled child should enjoy a full and
decent life, in conditions which ensure dignity,
promote self-reliance and facilitate the child’s
active participation in the community.
the University of choice

39. Article 23
As Playworkers we must
Make our play provision as open and welcoming to
all children
Is your provision accessible to all?
Can disabled children participate fully in the play
experience?
As Plowden (2010:16) states “disabled children,
or those with specific needs, often miss out on
the opportunity to freely play in an environment
where they feel safe to do so.”
the University of choice

40. Highlights Of The Convention
 Every child has the inherent right to life, and states
shall ensure to the maximum child survival &
development
 Every child has the right to a name and nationality
from birth
 Children shall not be separated from their parents,
except by competent authorities for their well-being
 Parents have the primary responsibility for a child’s
upbringing, but states shall provide them with
assistance & develop child-care institutions
 Primary education should be free & compulsory.
the University of choice

41. Children Everywhere
Without Discrimination Have
The Right To
 Survival
 To develop to their fullest potential
 To protection from harmful
influences, abuse & exploitation and
 To participate fully in family, cultural
& social life.
the University of choice

42. UK/Mozambique Statistics
(UNICEF, 2008)

43. Under 5 Mortality rate
 UK  Mozambique
1960 27 1960 313
1990 10 1990 235
2008 6 2008 138
Under 5 Mortality Under 5 Mortality
Rank Rank
158 out of 199 20 out of 199
the University of choice

45. Life Expectancy At Birth
 UK 2006 79 yrs  Mozambique 2006 42 yrs

46. Primary School
Enrolment/Attendance
 UK  Mozambique
2000-2006 99% 2000-2006 60%

49. ADVOCACY
the University of choice

50. Playwork Principles
(Skills Active, 2004)
4.For playworkers, the play process takes
precedence and playworkers act as
advocates for play when engaging with
adult led agendas.
“The role of the playworker is to champion
the right of the child to play and question
adult agendas.” (Conway, 2008:121)
the University of choice

51. Why advocate?
■ Children are sometimes hopeless
because there is no hope, helpless
because there is no help and compliant
because there is no alternative.
Powerlessness is the food they eat, the
air they breathe and the beds they sleep
in. (Kitzinger,1990:173)
the University of choice

52. Definition of Advocacy
■ Advocates are risk takers who challenge
the status quo (Royea and Appl, 2009)
■ Child advocacy is any individual or
cooperative action that strives to enrich
the lives of children, including challenging
injustices and promoting overall welfare
(Pithouse and Crowley 2007).
the University of choice

53. Advocacy
Advocacy is speaking up for, or acting
on behalf of, yourself or another
person.
(Cambridgeshire County Council, 2008)
the University of choice

54. Bibliography
Aynsley-Green, A. (2008) UK Children’s Commissioners’ Report to the UN
Committee on the Rights of the Child.
Cambridge County Council (2008) What is Advocacy?
http://www.cambridgeshire.gov.uk/NR/rdonlyres/319F70A9-
C8D0-4AEB-81B1-D747E8959EC5/0/Whatisadvocacy.pdf (accessed 24th
November 2011)
Cole-Hamilton, I. (2008) Children’s Rights and Play. In Brown, F. And Taylor,
C. (eds) Foundations of Playwork. Berkshire: Open University Press.
Conway, M. (2008) ‘The Playwork Principles’ In: Brown, F. & Taylor, C. (eds)
Foundations Of Playwork. Berkshire: Open University Press. pp. 119-122.
Davy, A. & Gallagher, J. (2006) New Playwork: Play And Care For Children 4
– 16. Fourth Edition. London: Delmar Cengage Learning.
Department For Education & Skills (2003) Every Child Matters, London: HMSO
Department of Health (1989) The Children Act. London: HMSO
Department of Health (2004) The Children Act London: HMSO
the University of choice

55. Bibliography
Kitzinger, J. (1990) ‘Who Are You Kidding? Children, Power, and the Struggle
against Sexual Abuse’, in A. James and A. Prout (eds) Constructing and
Reconstructing Childhood: Contemporary Issues in the Sociological Study of
Childhood, pp. 157–83. New York: The Falmer Press.
Pithouse, A.,Crowley, A. (2007). Adults rule? Children and Early Childhood
Education Journal (2009) 37:89–91
Plowden, L. (2010) ‘Article 31: A Playwork Perspective.’ Play Today. Winter
(68) p 16.
Royea, A., Appl, A. (2009) Advocacy and complaints to social services.
Children and Society, 21, 201–213
Skills Active (2004) Playwork Principles.
http://www.skillsactive.com/playwork/principles (accessed 24 November 2011)
UNICEF (2008) Information By Country www.unicef.org/infobycountry
(Accessed on 9/11/10)
the University of choice